Kambapolegedara Sumith Jayalath vs Athaudagedara Siriyawathie – SC APPEAL NO. 55/2013-2018

The case between Kambapolegedara Sumith Jayalath and Athaudagedara Siriyawathie addressed the issue of entitlement to a right of way over a three-foot footpath used since 1983, despite objections. The court held that the defendant was entitled to a roadway of necessity and set aside the Civil Appellate High Court’s decision, reaffirming the principle that longstanding, uninterrupted use and the absence of viable alternative access can establish such a right. This decision relied on property law precedents and statutory principles, emphasizing the primacy of factual findings at trial and the importance of ensuring access to landlocked properties.

S. Eva Wanasundera PCJ. — Extensive documentary and testimonial evidence, including property plans, surveyor reports, and witness accounts, was